5 Top Tips from Wes Mussio on ICBC

Followings are the 5 tips from Wes Mussio on ICBC

1- CONTACT A LAWYER

The NDP government has made multiple legislative changes over the time since they took over the government in 2017. They basically have created a quagmire of different policies and procedures that apply based on when the motor vehicle accident occurred. As an example, on April 1, 2019, the “minor injury” definition was introduced which limits payment of pain and suffering to $5,500 on accidents on or after April 1, 2019. Before then, there was no limit on pain and suffering. After June 1, 2021, assuming no fault is put into place, there will be no pain and suffering.

Because of the complexities created by the NDP government, it's important to contact a lawyer to figure out your legal rights and whether or not the claim is worth pursuing. Most lawyers will provide a free initial consultation so take advantage of this service to decide whether or not you want to proceed forward with or without a lawyer.

2- DON’T TRUST ICBC

According to Wes Mussio, Often, the initial adjuster handling the file will be incredibly nice lulling you into a sense of security. In reality, however, the adjuster is doing what he/she can to limit the amount of money that’s paid out under the claim. The adjuster is really wearing two hats. The first hat is to reduce the money paid by his/her employer. The second hat is to help the claimant with the injury claim including getting appropriate treatment and benefits. When push comes to shove, reducing expenses for ICBC definitely takes priority.

Indeed, adjusters receive bonuses based on how little they spend on a file and so they are driven to reduce expenses in order to save ICBC money. They don’t have your interests at heart as you are not paying their salary. ICBC is.

3- SEEK OUT MEDICAL TREATMENT

It’s very important to document your injuries by seeing a medical practitioner within days of the accident. You should also go for the recommended treatment with a physiotherapist, massage therapist, chiropractor, etc. If you think that ICBC will take your word for it that you have injuries, despite not going to see a doctor or therapist, you can be rest assured that ICBC will not. They will conclude that your injuries were mild or nonexistent. That’s why going to see medical practitioners is so important.

Of course, the other reason is that with medical treatment for your injuries, you will recover quicker and you can move on with your life. ICBC has reasonable benefits paid under Part VII and so you should take advantage of this program to help improve your health.

4- KEEP RECORDS

When you are at the accident scene, pull out your iPhone and start taking pictures to preserve the evidence. Get identification and details of the vehicles involved in the accident. Obtain witness contact information. After the accident, when you started going for treatment, make sure you keep all receipts of anything purchased in order to get you better. Keep all medical records you received from doctors. Keep all records related to any wage loss as well. ICBC wants to see “paper” so it’s critical you get documents.

If you’re unable to produce receipts or proof of wage loss you can be rest assured that ICBC will simply ignore your oral evidence that you suffered certain losses. It has to be on paper.

5- BE PATIENT

According to wes mussio many individuals, because of financial stress or wanting to “get it over with”, want to settle early. However, if you take that approach, ICBC will lowball your claim on the basis that if you’re trying to settle early it means you must be completely recovered. This is a long game if you want to maximize your economic recovery. Don’t be impatient. Let the processes work their way through. The closer you get towards a trial, generally speaking, the larger settlement.